Unconstitutional demand? Court moved against ‘provocative speeches’

LHC reserves judgment on petition’s maintainability

LAHORE: Justice Shahid Waheed of Lahore High Court (LHC) on Wednesday reserved judgment on the maintainability of a petition against Pakistan Tehreek-i-Insaf (PTI) chairman Imran Khan for delivering provocative speeches.

Citizen Atif Sattar, the petitioner, said Khan had time and again sought the resignation of Prime Minister Nawaz Sharif. He said the PTI chairman had reiterated this demand during consecutive speeches delivered nationwide. Sattar said delivering provocative anti-prime minister speeches and repeatedly asking Sharif to step down violated the Constitution.

The petitioner said asking the premier to relinquish his position violated Articles 5, 7 and 90 of the Constitution. He said an LHC bench had earlier taken notice of the PTI and Pakistan Awami Tehreek’s (PAT’s) Azadi March on August 13, 2014. He said the PTI chairman had demanded the prime minister’s resignation then too. Sattar said Khan had a habit of delivering provocative speeches against the prime minister.

He said the PTI chairman had demanded Sharif’s resignation in the wake of the Panama Papers controversy, arguing that he had lost the moral authority to remain in office. The petitioner said the right to free speech could not be misused to stoke riots, anarchy, impede flow of traffic and compromise public order. He said the state reserved the right to take preventive and punitive action in such a situation.

The petitioner requested the court to direct the federal government to enforce Article 17 (2) read with 90 (1), 95, 5 (2), 7 and Oath under schedule III of the Constitution and declare Khan’s antics unconstitutional. He also requested the court to declare the PTI chairman guilty of inciting hatred, compromising public order and imperilling the national sovereignty and integrity. Sattar said the LHC could refer the matter to the Supreme Court of Pakistan for a final verdict.

Published in The Express Tribune, June 2^nd, 2016.